Jailhouse Lawyer's Handbook - Sentencing and Justice Reform ...

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complying with a court order. Prison officials may be allowed to follow only the technical words of a court decision, while continuing their illegal behavior another way. Judges may ignore law which obviously is in your favor, because they are afraid of appearing “soft on criminals” or because they think prisoners threaten their own position in society. Even the most liberal, wellmeaning judges will only try to change the way prison officials exercise their power. No judge will seriously address the staff’s basic control over your life. To make fundamental change in prison, you can’t rely on lawsuits alone. It is important to connect your suit to the larger struggle. Write press releases that explain your suit and what it shows about prison and about the reality of America. Send the releases to newspapers, radio and TV stations, and legislators. Keep in touch throughout the suit with outside groups that support prisoners’ struggles. Look at Appendix D for media and groups that may be able to help you. We have also provided some pointers on writing to these groups. Discuss your suit with other prisoners and involve them in it even if they can’t participate officially. Remember that a lawsuit is most valuable as one weapon in the ongoing struggle to change prisons and the society which makes prisons the way they are. Of course, all this is easy for us to say, because we are not inside. All too often jailhouse lawyers and activists face retaliation from guards due to their organizing and litigation. Section B of Chapter Five explains some legal options if you face retaliation. However, while the law may be able to stop abuse from happening in the future, and it can compensate you for your injuries, the law cannot guarantee that you will not be harmed. Only you know the risks that you are willing to take. Finally, you should know that those of us who fight this struggle from the outside are filled with awe and respect at the courage of those of you who fight it, in so many different ways, on the inside. JAILHOUSE LAWYERS HANDBOOK – CHAPTER ONE 7
Chapter Two: Planning Your Section 1983 Suit The main way to understand what kind of suit you can bring under Section 1983 is to look at the words of that law: “Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State or Territory, or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress…” Some of the words are perfectly clear. Others have meanings that you might not expect, based on years of different interpretation by judges. In this chapter we will explore what the words themselves and judge’s opinions from past law suits tell us about what kind of suit is allowed under Section 1983 (Section A), the impact of the PLRA (Section B) what you can sue about (Section C), what you can ask the courts to do (Sections D & E), whom to sue (Section F), settlements (Section G), and class actions (Section H). A. YOU CAN SUE ABOUT CERTAIN VIOLATIONS OF YOU FEDERAL RIGHTS BY STATE EMPLOYEES. Not every injury you suffer or every violation of your rights is covered by Section 1983. Section 1983 applies to the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” This means that the actions you are suing about must violate your federal rights. Section 1983 also says “under color of any statue, ordinance, regulation, custom or usage, of any State or Territory.” Courts have developed a shorthand for this phrase. They call it “under color of state law.” This means that the violation of your rights must have been done by a state or local official. These two requirements are explained in detail below. 1. Violations of Your Federal Rights: Conditions and Treatment in Prison. Section 1983 won’t help you with all the ways in which prison officials mistreat prisoners. There are two limits. First, you need to show that the acts you are suing about violate the U.S. Constitution or a law passed by the U.S. Congress. Prisoners most commonly use Section 1983 to enforce rights guaranteed by the U.S. Constitution, these are called “constitutional rights.” Your constitutional rights are explained in Section C of this chapter. Chapter Two Table of Contents Section A: You can use Section 1983 to sue about certain violations of your federal rights by state employees. Although Section 1983 was designed especially to help African-Americans, anyone can use it, regardless of race. The law refers to “any citizen of the United States or any other person within the jurisdiction thereof.” This means that you can file a Section 1983 action even if you are not a United States citizen. Martinez v. City of Los Angeles, 141 F.3d 1373 (9th Cir. 1998). All you need is to have been “within the jurisdiction” when your rights were violated. “Within the jurisdiction” just means physically present in the U.S.. The fact that you are in prison does not take away your right to sue under section 1983. Cooper v. Pate, 378 U.S. 546 (1964). Note: “Civil death laws,” which take away or limit a prisoner’s right to use state courts for personal injury suits, contracts, divorce, etc., also do not affect the right to sue in the federal courts on the basis of Section 1983. Taylor v. Gibson, 529 F.2d 709 (5th Cir. 1976). You can also use Section 1983 to enforce rights in federal laws, or “statutes.” Only a very few federal laws grant rights which apply to prisoners. One such law, for example, is the Americans with Disabilities Act, or the “ADA”. The ADA can be found at 42 U.S.C. §§ 12101 – 12213. The ADA prevents discrimination against people with disabilities, including prisoners. If you have any sort of physical or mental disability you may be able to file a Section Section B: The Prison Litigation Reform Act or “PLRA” Section C: Your Constitutional Rights Section D & E: What You Can Ask the Courts to Do Section F: Who to Sue Section G: Settlements Section H: Class Actions JAILHOUSE LAWYERS HANDBOOK – CHAPTER TWO 8
Page 1 and 2: Jailhouse Lawyer’s Handbook How t
Page 3 and 4: JAILHOUSE LAWYER’S HANDBOOK Table
Page 5 and 6: APPENDIX A: GLOSSARY OF TERMS......
Page 7 and 8: prisoners; and to have access to an
Page 9 and 10: 5. Keeping Up to Date and Learning
Page 11: the public eye and had some positiv
Page 15 and 16: elief in the federal courts. While
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Page 19 and 20: violated the constitution when they
Page 21 and 22: your belief is both religious and s
Page 23 and 24: another law that protects prisoners
Page 25 and 26: courts use a less strict standard o
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Page 29 and 30: deprived of a basic human need. Sub
Page 31 and 32: Courts generally agree that the tes
Page 33 and 34: (2) by showing that the regulation
Page 35 and 36: (3) The threat of harm that you fac
Page 37 and 38: to your own and see what the court
Page 39 and 40: orders pending against the prisoner
Page 41 and 42: Chapter Three: How to Start Your La
Page 43 and 44: your prison is in. You do not have
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Page 51 and 52: The courts have not yet determined
Page 53 and 54: WRITE STATEMENT HERE I declare unde
Page 55 and 56: o does not sign your TRO. (The quot
Page 57 and 58: submit a Declaration for Entry of D
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Page 61 and 62: major issue. Note: If you defeat t
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Center’s litigation guide for pri
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could possibly even include informa
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6. Their Discovery of Your Informat
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For a few different takes on these
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as a lawyer. Gometz v. Henman, 807
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Chapter Six: The Legal System and L
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B. LEGAL CITATIONS - HOW TO FIND CO
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that what the writer has written is
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C. LEGAL WRITING Here is where you
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Complaint: The legal document filed
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Jury: A group of people called to h
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Statute of limitations: A law that
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APPENDIX C: Important Constitutiona
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cover letter, briefly introducing y
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United States “without regard to
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You may also want to try writing to
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880 Front Street, Suite 4290 San Di
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Statesboro Division: Bulloch, Candl
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US District Court for the Northern
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399 Federal Building 110 Michigan S
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Buffalo Division: Allegany, Cattara
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U.S. Courthouse 601 Market Street,
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United States District Court for th
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How do I place an order? Complete a
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